Does the divorce of a father who swore by divorce that he would not take money from his brother take effect, then the father gave it to his brother's daughter with the intention of not taking the money and not having the divorce take effect, knowing that the brother swore by divorce to return the money? And what is the ruling on the money and the oath of divorce issued by the father?
If the father took the money, then, according to the majority of scholars, his divorce takes effect and he has broken his oath. He may take his wife back if it was the first or second divorce, but if it was the third, she becomes irrevocably divorced from him. Ibn Taymiyyah holds that this oath is an oath that requires expiation if divorce was not intended. However, if the father did not take the money and the uncle gave it to the daughter, then the father has not broken his oath, but the uncle has. There is no blame upon the father, the uncle, or the daughter in benefiting from the money if one of them broke their oath or if the owner of the money gifted it.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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